International Recognition / Legalization
of Documents
>(Last updated on 19 October 2001)
>In general
>A. German public documents for use abroad
I. "International documents" (CIEC
Conventions)
II. Bilateral international treaties
III. The "Hague apostille"
IV. Legalization of German public documents
V. Prior certification/Validation
VI. Certification of translations
>B. Foreign public documents for use in Germany
I. "International documents" (CIEC
Conventions)
II. Bilateral international treaties
III. The "Hague apostille"
IV. Legalization of foreign public documents
V. Verification of documents in the context
of executive assistance
VI. Certification of translations
VII. Consular documents
>C. Procuring civil status documents from abroad
> In general
Documents are often only recognized by the authorities
of another state if their authenticity and evidentiary value
has been determined by a special procedure. A range of internationally
accepted rules of procedure have been developed for this purpose.
These will be listed below.
>These procedures apply to public documents, i.e. civil status
documents, judicial and notarial documents, documents and
certificates from administrative authorities. They do not
apply to privately executed documents. Private documents include
wills written by the testator by
>hand, form-free contracts of sale or powers of attorney.
However, if a document concerning a private legal matter is
authenticated by a notary or an official authority, it becomes
a public document.
>The term "legalization" must be understood in
this context: legalization is the confirmation of the authenticity
of a foreign public document by a consular officer of the
state in which the document is to be used.
>Legalization is not required for documents from/for many
countries with which treaties have been concluded abolishing
the requirement or replacing it with the "Hague apostille".
The "Hague apostille" is – just like legalization
– the confirmation of the authenticity of a public document.
But, unlike legalization, it is conferred by a designated
authority of the state which issued the document. It is no
longer necessary to contact the consular officers of the state
in which the document is to be used.
> A. German public documents for
use abroad
> I. "International documents"
(CIEC Conventions)
German civil status documents and certificates of
no impediment (for marriage) issued following the model contained
in the International Commission on Civil Status Conventions
(CIEC) are exempt from any requirements relating to form in
the other States parties.
>States parties to the Convention of 8 September 1976
(on the issue of (multilingual) extracts from civil status
records, birth certificates, marriage certificates, death
certificates) are: Austria, Belgium, Bosnia and Herzegovina,
Croatia, France, Germany, Italy, Luxembourg, Macedonia, the
Netherlands, Portugal, Slovenia, Spain, Switzerland and Turkey.
>States parties to the Convention of 5 September 1980
(on the issuance of multilingual certificates of matrimonial
capacity) are: Austria, Germany, Italy, Luxembourg, the
Netherlands, Portugal, Spain, Switzerland and Turkey.
> II. Bilateral international treaties
The Federal Republic of Germany has concluded
bilateral treaties in the field of civil status and the certification
of documents with the following states: Austria, Belgium,
Denmark, France, Greece, Italy, Luxembourg and Switzerland.
>In these treaties it was agreed to do without legalization
for certain types of document or to replace it with a provisional
legalization procedure.
There are in addition special international treaties which
deal with documents used in legal assistance or commerce.
> III. The "Hague apostille"
In the States which are party to the Hague Convention
abolishing the Requirement of Legalization for Foreign Public
Documents of 5 October 1961 public documents no longer need
to be legalized. All that is now required for these documents
is the so-called "Hague apostille". This Convention
applies to all public documents with the exception of documents
executed by consular officers and documents issued by administrative
authorities which relate directly to commerce or customs.
>The "Hague apostille" confirms the authenticity
of a public document, the original of which must be submitted
to the designated authority. For German documents, the "Hague
apostille" is issued by the designated German authorities.
It is no longer necessary to contact the consular officers
of the state in which the document is to be used.
>States parties to this Convention are: Andorra,
Antigua and Barbuda, Argentina, Armenia, Australia, Austria,
the Bahamas, Barbados, Belarus, Belgium, Belize, Bosnia and
Herzegovina, Botswana, Brunei Darussalam, Bulgaria, China
(only documents from the Hong Kong and Macao Special Administrative
Regions), Colombia, Croatia, Cyprus, the Czech Republic, El
Salvador, Estonia, Fiji, Finland, France, Germany, Greece,
Hungary, Ireland, Israel, Italy, Japan, Kazakhstan, Latvia,
Lesotho, Liechtenstein, Lithuania, Luxembourg, Macedonia,
Malawi, Malta, the Marshall Islands, Mauritius, Mexico, Namibia,
the Netherlands, Niue, Norway, Panama, Portugal, Romania,
the Russian Federation, Samoa, San Marino, Seychelles, Slovenia,
South Africa, Spain, St. Kitts and Nevis, Suriname, Swaziland,
Sweden, Switzerland, Tonga, Trinidad and Tobago, Turkey, the
United Kingdom, the United States, Venezuela and Yugoslavia.
>Designated "apostille" agencies
In the Federal Republic of Germany the following
agencies are responsible for issuing "Hague apostilles":
>1. Federal documents
| >(a) |
>for documents from all Federal
authorities and courts
(excluding those named in (b) |
>Federal Office of Administration,
Cologne
(Division II B 4, 50728 K¶ln) |
| >(b) |
>for documents issued by the
Federal Patents Court and the German Patent Office |
>President of the German Patent
Office |
>2. Documents issued by the German LÔnder
>Responsibility for issuing "Hague apostilles"
is not uniformly regulated in the various LÔnder. We therefore
recommend that you ask the issuer of any particular document
which authority is designated to issue a "Hague apostille"
for that document.
>In general, responsibility lies with
| >(a) |
>for documents from the judicial
administration authorities, the general courts (civil
and criminal) and notaries |
>Ministries (or Senate Departments)
of Justice; Presidents of the Regional (or Local) Courts |
| >(b) |
>for documents issued by courts
other than those of general jurisdiction |
>Ministries (or Senate Departments)
for the Interior; Chief Administrative Officer of the
district (President of the administrative district/district
authority); Ministries (Senate Departments) of Justice;
Presidents of the Regional (or Local) Courts |
| >(c) |
>for documents from all administrative
authorities (excluding judicial administration authorities) |
>the Ministries (or Senate
Departments) for the Interior; Chief Administrative Officer
of the district (President of the administrative district/district
authority); in Berlin, Registry Office 1, in Rhineland
Palatinate, the Supervisory and Service Directorate, and
in Thuringia, the Land Office of Administration |
> IV. Legalization of German public
documents
German documents to which none of the Conventions
referred to under I to III above apply, may be legalized.
Legalization is carried out by the diplomatic or consular
mission of the country in which the document is to be used.
It is up to the foreign mission to choose how it shall decide
that a document is authentic. If they themselves do not have
an up-to-date sample signature or seal from all potential
issuing authorities, or do not look at the register of the
issuing authority for each legalization, then they will have
to develop special procedures. This is especially the case
in states like Germany which have a very large number of issuing
authorities, which it is hard for the consular missions of
other states to keep track of. Normally missions will demand
prior certification of the document by a German authority,
sometimes later validation is also required. Accurate information
on the requirements for legalization and charges can be obtained
from the foreign missions in Germany.
> V. Prior certification/Validation
For practical reasons, documents are frequently not
legalized unless prior certification of the document has been
obtained. The agencies empowered to provide prior certification
are listed in the table below. Since responsibility for providing
prior certification is not uniformly regulated in the various
LÔnder, we recommend that, if in doubt, you ask the issuer
of any particular document where to go.
| >(a) |
>judicial and notarial documents |
>President of the Regional
(or Local) Court |
| >(b) |
>administrative documents (e.g.
certificates of civil status, registration certificates) |
>Chief Administrative Officer
of the district (President of the administrative district/district
authority) |
>In LÔnder without district authorities, the Land Ministries
of the Interior are responsible, in Bremen and Hamburg the
Senate Department for the Interior and Department for the
Interior respectively. In Land Berlin, Registry Office I
has been made responsible, in Rhineland Palatinate, the Supervisory
and Service Directorate in Trier, and in Thuringia, the Land
Office of Administration in Weimar.
| >(c) |
>school and university certificates |
>as for administrative documents |
>In the following LÔnder different offices to those named
above are responsible: in Baden-W˜rttemberg, the Ministry
for Culture and Sport and the Ministry for Science and Research;
in Bavaria, the Bavarian State Ministry for Science, Research
and the Arts and the Bavarian State Ministry for Education
and Culture; in Brandenburg, the Ministry for Science, Research
and Culture; in Saarland, the Ministry for Education, Culture
and Science.
| >(d) |
>certificates of good conduct
from the police |
>Federal Central Criminal Register
held by the Federal Public Prosecutor in Bonn |
| >(e) |
>commercial papers (e.g. certificates
of origin, trade accounts) |
>Chambers of Commerce and Industry |
>The missions of the following states additionally require
the validation of the document by the German Foreign Office
before they will legalize it: China, Cambodia, Iran (only
for university certificates), Lebanon (only for school and
training certificates), Myanmar, Nepal, Rwanda, Saudi Arabia,
the Sudan, Syria, Togo.
>The Federal Foreign Office has delegated the task of validating
German documents to the Bundesverwaltungsamt (Federal Office
of Administration) (directive of 21 February 1969). Since
transferring this competence to the Federal Office of Administration,
the Federal Foreign Office no longer validates documents.
The foreign missions in Germany have been informed to this
effect.
>The postal address of the Federal Office of Administration
is:
>Bundesverwaltungsamt
Referat II B4
50728 K¶ln.
>The Office is located in Cologne Rodenkirchen, Bahnstrasse
6. It is advisable to telephone before going round in person
(tel. 01888 358 4551).
>The Federal Office of Administration can only validate documents
for which prior certification has already been obtained from
the relevant agency (see above).
> VI. Certification of translations
Translations are classified as an expert service,
not public documents. Certification by a sworn or certified
translator does not make a translation a public document.
The legalization/apostille procedures listed under II to V
above therefore cannot be applied to translations.
>It is however possible for the President of the competent
court to issue a certificate verifying that the translator
is a sworn or certified "expert". This official
verification is a public document and so a legalization or
a "Hague apostille" can be affixed to it.
>Whether a translation done in Germany will be recognized
by another state is a matter governed by the law of the state
in which the translation is to be used. The same is true for
the certification or verification of a translation by the
foreign missions in Germany.
> B. Foreign public documents for
use in Germany
> I. "International documents"
(CIEC Conventions)
Civil status documents and certificates of no impediment
(for marriage) issued by one of the Contracting States following
the model contained in the International Commission on Civil
Status Conventions (CIEC) are exempt from any requirements
relating to form in Germany.
>States parties to the Convention of 8 September 1976
(on the issue of multilingual extracts from civil status records,
birth certificates, marriage certificates, death certificates)
are: Austria, Belgium, Bosnia and Herzegovina, Croatia,
France, Germany, Italy, Luxembourg, Macedonia, the Netherlands,
Portugal, Slovenia, Spain, Switzerland and Turkey.
>States parties to the Convention of 5 September 1980
(on the issuance of (multilingual) certificates of matrimonial
capacity) are:
Austria, Germany, Italy, Luxembourg, the Netherlands,
Portugal, Spain, Switzerland and Turkey.
> II. Bilateral international treaties
The Federal Republic of Germany has concluded
bilateral treaties in the field of civil status and the certification
of documents with the following states: Austria, Belgium,
Denmark, France, Greece, Italy, Luxembourg and Switzerland.
>In these treaties it was agreed to do without legalization
for certain types of document or to replace it with a provisional
legalization procedure.
>There are in addition special international treaties which
deal with documents used in legal assistance or commerce.
> III. The "Hague apostille"
In the States which are party to the Hague Convention
abolishing the Requirement of Legalization for Foreign Public
Documents of 5 October 1961 public documents no longer need
to be legalized. All that is now required for these documents
is the so-called "Hague apostille". This Convention
applies to all public documents with the exception of documents
executed by consular officers and documents issued by administrative
authorities which relate directly to commerce or customs.
>The "Hague apostille" confirms the authenticity
of a public document, the original of which must be submitted
to the designated authority. The "Hague apostille"
is issued by designated authorities of the state which issued
the document. It is no longer necessary to contact the German
mission in that country.
>States parties to this Convention are:
Andorra, Antigua and Barbuda, Argentina, Armenia, Australia,
Austria, the Bahamas, Barbados, Belarus, Belgium, Belize,
Bosnia and Herzegovina, Botswana, Brunei Darussalam, Bulgaria,
China (only documents from the Hong Kong and Macao Special
Administrative Regions), Colombia, Croatia, Cyprus, the Czech
Republic, El Salvador, Estonia, Fiji, Finland, France, Germany,
Greece, Hungary, Ireland, Israel, Italy, Japan, Kazakhstan,
Latvia, Lesotho, Liechtenstein, Lithuania, Luxembourg, Macedonia,
Malawi, Malta, the Marshall Islands, Mauritius, Mexico, Namibia,
the Netherlands, Niue, Norway, Panama, Portugal, Romania,
the Russian Federation, Samoa, San Marino, Seychelles, Slovenia,
South Africa, Spain, St. Kitts and Nevis, Suriname, Swaziland,
Sweden, Switzerland, Tonga, Trinidad and Tobago, Turkey, the
United Kingdom, the United States, Venezuela and Yugoslavia
(*).
>(*) Note regarding documents from the
Federal Republic of Yugoslavia
>Kosovo is a part of the Federal Republic of Yugoslavia.
The judicial and administrative systems in Kosovo are however
currently being developed under the supervision of the United
Nations Interim Administration Mission in Kosovo (UNMIK).
The same is true for the registration and certification systems.
Within its terms of reference, UNMIK also issues public documents.
It is however unable to use the "Hague apostille"
procedure. Nor is it possible to get documents legalized by
the German Liaison Office for Kosovo in Pristina, since this
office does not carry out consular functions. The evidentiary
value of UNMIK documents can be freely assessed by German
courts and authorities. Samples of the new documents issued
by the UN Administration are held at the Land Ministries of
the Interior (or the Senate Departments, as applicable) so
that comparisons can be made. Documents issued by self-appointed
parallel administrations in Kosovo are however not recognized.
>Each state party designates the authorities which are to
issue the "Hague apostille" in its state. The address
of the competent apostille agency can usually be obtained
from the authority which issued the certificate. If not, contact
the judicial authorities or the registry supervision authority
for the district in which the document was issued. Most of
the German missions abroad also have a fact sheet which gives
the addresses of the apostille agencies and contains additional
information on the procedures to be gone through.
>A fee is payable for the "Hague apostille"; this
is subject to national law.
>Should any difficulties, linguistic or otherwise, arise
in procuring the "Hague apostille" from another
country which make direct contact with the designated agency
in the foreign country impossible, the German mission responsible
for that district may be able to help. German missions are
however permitted to help German nationals only.
>A charge is levied for issuing the "Hague apostille"
for a document. The fees (currently between DM 30 to DM 200)
as well as any other expenses incurred (e.g. charges made
by the local authorities) are to be paid by the applicant.
When you apply for a "Hague apostille" you should
be prepared for a long wait. The German missions have no power
to speed up the processing times of the host state's agencies.
>Applications and documents submitted by individuals cannot
be passed on to the competent mission by the Foreign Office
for reasons of international law. The diplomatic bag between
the Foreign Office and its missions abroad is solely for the
purpose of transporting official correspondence pursuant to
the Vienna Convention on Diplomatic Relations and the Vienna
Convention on Consular Relations, and therefore cannot be
used by private individuals. If postal channels do not appear
reliable, a private courier service should be charged with
transporting the documents.
> IV. Legalization of foreign public
documents
Documents to which none of the Conventions referred
to under I to III above apply, can be legalized for use in
Germany. The authority in Germany which requires the document
decides whether it will recognize it as authentic without
further ado or whether legalization is required.
>Legalization is performed by the consular officers of the
German embassies and consulates. The legal basis for this
activity is section 13 of the Consular Services Act (Konsulargesetz),
which states inter alia: "Consular officers are authorized
to legalize official documents issued within their district
... Legalization confirms the authenticity of the signature,
the capacity in which the signatory of the document acted
and, if applicable, the authenticity of the seal affixed to
the document. ... Legalization is executed by means of
an endorsement to be made on the document".
>Like the consulates of foreign states in Germany, German
missions abroad also rely on prior certification and validation
of documents by agencies of the host country. Given the large
number of documents requiring legalization (over 150,000 worldwide
in 2000), it is clear that it is not possible to contact the
issuing authority in every case, especially in countries where
the administrative structure is complicated. In such countries,
the German missions must assume that the partner agency in
the host country is so thorough in issuing a prior certification
that the foreign document legalized on this basis by the embassy
rightly has the same evidentiary value as a German document
in Germany.
>For through legalization it is possible for a foreign public
document to be treated just like a domestic public document
in Germany. Consular officers are called upon to help safeguard
the handling of documents in Germany and uphold confidence
in the reliability of official certificates. They therefore
do not only refuse to legalize forged documents, but also
documents which clearly contain false information, i.e. documents
certifying facts which are not really true.
>Some missions abroad have had to determine that the requirements
for the legalization of documents are not fulfilled in their
district. They have therefore, with the Foreign Office's consent,
suspended legalization until further notice. This change
in procedure currently pertains to documents from the following
states: Azerbaijan, Bangladesh, Benin, Cameroon, the
Central African Republic, Chad, C…te d'Ivoire, the Democratic
Republic of the Congo, Djibouti, the Dominican Republic, Equatorial
Guinea, Gambia, Ghana, Guinea, Guinea-Bissau, India, Liberia,
Nepal, Nigeria, Pakistan, the Philippines, the Republic of
the Congo, Rwanda, Senegal, Sierra Leone, Sri Lanka, Togo,
Uganda, Viet Nam, Yemen.
>The local German consular officers can however, in the context
of executive assistance, verify the facts certified and so
aid the domestic German authority in reaching its decision
on the evidentiary value of documents in Germany. For further
information see section V below.
>Documents from Somalia cannot be legalized as the country
lacks the requisite state structures and authorized registrars.
>Nor is it possible to legalize documents from Afghanistan
and Iraq. The embassies in Kabul and Baghdad are not currently
operational, and the consular districts cannot be supervised
by the German embassies in the neighbouring countries.
>The following general principles apply to the legalization
of documents:
- >The foreign documents presented for legalization must
be originals; copies are not sufficient, even if they have
been certified.
- >In most states legalization is only possible if prior
certification of the document has been obtained from the
Foreign Ministry or other authorities of the issuing state.
If you are told by the German mission that a prior certification
of the document is required, please contact the agency responsible
directly. Only in exceptional cases can the German mission
obtain the prior certification for the applicant; according
to international principles it is not allowed to act for
nationals of the host state.
- >Applications for the legalization of documents must be
made to the responsible German mission. The reason for the
application must also be stated, e.g. the notification from
a German authority that legalized documents are required
for a particular occasion must be enclosed (for example,
when people register their intention to marry, registry
offices often give them a list of documents etc. required).
- >Should the document holder be unable to go to the German
mission in person, e.g. because he/she is in Germany, the
application and document can be sent in by post. The application
can also be handed in by relations or friends, if these
have been given an official power of attorney. In all such
cases, a copy of the document holder's passport or other
ID should be enclosed. This could save time by saving the
mission from asking extra questions.
- >Applications and documents submitted by individuals cannot
be passed on to the competent mission by the Foreign Office
for reasons of international law. The diplomatic bag between
the Foreign Office and its missions abroad is solely for
the purpose of transporting official correspondence pursuant
to the Vienna Convention on Diplomatic Relations and the
Vienna Convention on Consular Relations, and therefore cannot
be used by private individuals. If postal channels do not
appear reliable, a private courier service should be charged
with transporting the documents.
>The German missions charge for the legalization of documents,
levying fees and expenses in line with the Foreign Costs Act
(Auslandskostengesetz). The fee is currently between DM 40
and DM 160 per document. If the document cannot be legalized,
e.g. if it is a forgery, a processing fee of 75% is charged.
>Further information about the legalization procedure can
be obtained from the German mission in whose consular district
the document was issued. Please note that there are some countries
with no German embassy, and so the relevant consular district
is supervised by a German embassy in a neighbouring country.
> V. Verification of documents in
the context of executive assistance
After certain missions abroad were forced to determine
that the requirements for legalizing documents were not fulfilled
in their districts, they suspended the legalization of documents
with the Federal Foreign Office's consent until further notice.
The local German consular officers can however, in the context
of executive assistance, verify the facts certified and so
aid the domestic German authority in reaching its decision.
>This change in procedure currently pertains to documents
from the following states: Azerbaijan, Bangladesh, Benin,
Cameroon, the Central African Republic, Chad, C…te d'Ivoire,
the Democratic Republic of the Congo, Djibouti, the Dominican
Republic, Equatorial Guinea, Gambia, Ghana, Guinea, Guinea-Bissau,
India, Liberia, Nepal, Nigeria, Pakistan, the Philippines,
the Republic of the Congo, Rwanda, Senegal, Sierra Leone,
Sri Lanka, Togo, Uganda, Viet Nam, Yemen.
>German authorities or courts which require documents from
one of the above-named countries – e.g. for registering
intent to marry or starting a family register – may demand
such a verification. They insist on this time-consuming and
costly procedure when there are doubts as to the evidentiary
value of the documents or the identity of the holder, or if
they fear that the documents are falsified or contain incorrect
information. The fact that a high proportion of documents
prove upon examination to be forged means that it is necessary
to continue applying this procedure in order to maintain confidence
in public documents and the evidentiary value of German civil
status records. Other western states also often only recognize
foreign documents after an equivalent verification procedure.
>The missions abroad have observed that the verification
of documents also has the effect of protecting people in Germany.
Every now and then, people discover in the course of verification
of a foreign certificate of unmarried status that their partner
is still married elsewhere. The missions abroad have also
known of cases where foreign citizens whose bigamous marriages
have been annulled, have submitted the marriage papers from
the first marriage in order to enable the spouse from the
first marriage to enter Germany to "join the family".
And patients have been protected from "treatment"
by bogus "doctors" who have entered practice on
the basis of examinations passed at non-existent universities.
>A German domestic authority which wants a foreign document
verified asks the relevant German mission for executive assistance.
With this request it must enclose the foreign document in
the original, ask specific questions or ask for a general
verification, and declare that it is ready to assume any costs
that are incurred (which it will then reclaim from the applicant).
>In the Federal Foreign Office's experience, domestic authorities
normally ask the applicant for a security deposit to cover
the anticipated and often considerable verification costs.
These expenses are incurred because the German missions abroad
are regularly unable to carry out the requested verifications
with their own staff, and have to rely on investigations by
a local lawyer or other person of trust. Depending on the
time taken to verify a document, expenses of several hundred
DM can be incurred. Detailed information can be obtained from
the fact sheets which the German missions abroad produce for
their respective countries. The verification costs incurred
must always be paid, even if the document turns out to be
false.
>The information obtained is evaluated by a consular officer
and summarized in a final statement regarding the authenticity
of the document. Upon completion of the verification process,
the documents and the statement of the German mission abroad
are sent to the requesting authority. In order to make it
easier for the holder to use his/her document again for other
authorities and to avoid unnecessary additional verifications,
a corresponding note is enclosed with the document.
>The domestic authorities can relay their requests for executive
assistance to the German missions abroad using the diplomatic
bag of the Federal Foreign Office. Letters from private individuals
cannot unfortunately be forwarded for reasons of international
law. The diplomatic bag between the Foreign Office and its
missions abroad is solely for the purpose of transporting
official correspondence pursuant to the Vienna Convention
on Diplomatic Relations and the Vienna Convention on Consular
Relations.
>Because of the heavy workload in the consular sections,
the geographical situation and difficulties in verifying documents
for many missions abroad, a processing time of several months
should be reckoned with. The German missions' fact sheets
also contain more detailed information on this. In addition
the postal delivery times must be included in the equation:
experience shows that it can often take two to three weeks
for letters from the missions abroad to reach recipients in
Germany.
>The Federal Foreign Office is aware that verification of
foreign documents can seem very tedious to those concerned
due to the unavoidably long processing times. All German missions
abroad have therefore been instructed to minimize processing
times insofar as possible.
> VI. Certification of translations
German authorities normally require translations
of foreign-language documents. These translations should if
possible be done by a sworn or certified translator.
>Whether a translation completed abroad may be used in Germany
is a question which the authority requesting it decides at
its own discretion.
>Translations are classified as an expert service, not public
documents. They cannot therefore be legalized. It is however
possible for the competent authority to confirm that the translator
is a recognized expert and this official confirmation can
then be legalized. However, in many countries there are no
sworn or certified translators. It is therefore often the
case that translations done abroad have to be revised and
certified by a sworn or certified translator in Germany.
>Translating documents is not one of the usual tasks of a
German mission abroad. Consular officers may however confirm
the correctness of a translation if they have sufficient know-ledge
of the local language. The missions themselves decide if they
can offer this service or if they have to tell applicants
to contact a sworn translator.
> VII. Consular documents
Documents issued by consular or diplomatic missions
of foreign states in Germany are not authenticated by German
missions abroad. The Federal Foreign Office too is unable
to comment on the evidentiary value of such documents and
can at best certify that the person who issued the document
is a registered member of a diplomatic or consular mission.
Such a certification is in most cases unnecessary, since the
names of all diplomatic personnel and the heads of the consular
posts are included in the official list of foreign missions
in Germany.
>If domestic authorities have any doubts regarding the authenticity
of a consular document, these can be clarified by contacting
the issuer of the document directly. The Federal Foreign Office
does not as a rule need to be involved in such cases.
> C. Procuring civil status documents
from abroad
Foreign civil status documents are often requested
by German authorities or courts to prove changes in personal
status that have occurred abroad (births, marriages, deaths).
>Should any difficulties, linguistic or otherwise, arise
in procuring such documents from another country which make
direct contact with the issuing authority in the foreign country
impossible, the document can be acquired via the German mission
responsible for that district. This procedure is open to German
nationals only. The applicant must moreover prove that he/she
has a legitimate interest in obtaining the document and must
provide detailed information (the full names of those involved,
place, date, and if possible the registry number of the civil
status issue in question).
>Special procedures for procuring documents have been agreed
with all the states of Central and Eastern Europe. Standardized
forms were drawn up in the process, which are available from
the Federal Foreign Office (Division 505) or from German missions
in the relevant states. Experience however shows that you
must be prepared for long waiting times (six months or more
is not uncommon), due to the number of applications made to
the civil status registries of the host countries. The German
missions have no power to accelerate the processing time.
>Applications submitted by individuals for the procurement
of foreign documents can also unfortunately not be passed
on to the competent mission by the Foreign Office for reasons
of international law. The diplomatic bag between the Foreign
Office and its missions abroad is solely for the purpose of
transporting official correspondence pursuant to the Vienna
Convention on Diplomatic Relations and the Vienna Convention
on Consular Relations, and therefore cannot be used by private
individuals. If postal channels do not appear reliable, a
private courier service should be charged with transporting
the documents.
>A fee is payable for procuring civil status documents. The
fee (DM 30 to DM 200) and any costs incurred (e.g. fees charged
by local authorities) are to be paid by the applicant.
|
General
Situation
Introduction
